Child Support based on Imputed income

[Dad I/O]

Will try to just stick to the important details here:
May 2010: Divorced - I was President of second generation family business making $80k salary. Ex works full time and income was $36k. I have two daughters 36% of the time. State is Wisconsin and DCF 150 shared placement formula was used to calculate support at $1201/month. I was to pay maintenance at $200/month for four years.
Oct 2010: Lost Job - Business closed due to economic circumstances. I have only a GED and some self-taught computer skills. Prior to job with Mom and Dad's business I had an IT job making $40k. Thought my chances of getting a job back in IT were good and thought a change in support would be retroactive (silly me).
Feb 2011: Support Modified - Realized that change would not be retroactive but only effective as of the date of the Motion to Modify Support. I was denied unemployment benefits because I was 13% owner of the company. I had been actively looking for a new job, but wasn't having any success without an IT degree of some kind. Imputed income was set at $50k. Support changed to $623/month. Remaining 3.5 years maintenance was suspended and held in abeyance.
April 2011: Got New Job - Finally was able to obtain an IT job as a PHP Programmer for a small web development company at $16/hr. Back Child Support owed by this time was over $5500.
July 2011: Motion to Change Support - Court date finally came up to get support changed. However, Court Commissioner did not feel that my obtaining a job that paid less than the imputed income amount of $50k per year was a substantial change in my circumstances. Requires a De Novo hearing.
Aug 2011: De Novo Hearing - Judge felt based on Ex's testimony that I am capable of obtaining a better job or I perhaps need to go and get a second job in order to meet my support obligations. Agreed to lower the imputed income amount slightly from $50k to $44k. Support changed to $597/month. Change effective August 1st.
Sept 2011: Did the Math - I looked at the Shared placement formula for DCF 150 and found that Support had not only been calculated incorrectly at the Aug 2011 De Novo Hearing, but was also calculated incorrectly back in Feb 2011 by the Court Commissioner! They used an income for my Ex of $33,708 instead of $36k for the Feb 2011 calculation and used an income of $24,840/yr. for her in the Aug 2011 calculation! So, I wrote a letter to the Judge informing him of my findings and he called a hearing.
Sept 2011: Decision on Motion to Show Cause - Judge changes support to what the correct amount should have been based on the imputed income amount of $44k for me and he actually 'asked' what my Ex's income was which she said was $18.90/hr or about $37k. The support was set at $460/month with the change to be effective Sept 30, 2011. No apology or any correction to cover the past overpayments I had made because Ex claims she pays her mother $300/month to watch our children for work-related day care and I am to pay 1/2 of that but I don't receive any confirmation from Ex that she has actually paid her Mom, so I was requesting proof of payment and services which I never received. Judge took Ex's word for it and said I should have been paying it and won't make any adjustment for the overpayment from all those months. Told Ex she needed to give me a bill for the day care and said I needed to pay it within 3 days. Unpaid child support (from six month period of being unemployed with no income) has accumulated close to $6000 now with interest.
May 2012: Decision and Order for Contempt - Ex files a contempt motion against me for not reimbursing her for 1/2 of the $300 she claims to pay her mother each month to watch our children. Judge asks why I am not paying it. I told him that I didn't have an ability to pay especially with child support based on an imputed income of $44k when I am only making $34k. Also, my original divorce document requires I pay 50% of variable expenses. Technically because we are using DCF 150, I think I am only supposed to pay 36% variable expenses since I only have them 36% of the time. Judge looked at my financial disclosure (didn't ask for Ex's) and said he thought I should have been able to pay and found me to be in contempt. Said that because I haven't paid for work-related day care for six months that I will need to pay not $150 a month, but $200 a month instead with the extra $50 a month to go toward this $900 in arrears he has assessed (without reviewing any documentation from my Ex to determine if the $900 is even legitimate). He said he thought that paying $150 a month for day care was a great deal and that if I didn't pay it (within 3 days after receiving it), he would put me in jail.
June 2012: Filed my Notice of Appeal - I think it's obvious that all of the above was done Pro Se and it was me and my Google knowledge up against my Ex (who happens to work for the same county), the Judge, and the Attorney for Child Support who thought I was "shirking" and that I intentionally closed the business my father started in 1941 so I didn't have to pay my Ex child support.

I know I need an attorney, but I can't afford one. I have been obtaining local free legal services, but that takes time out of work which I can't afford either since I am paid hourly. I was unemployed for six months and had to live off of my IRA withdraws and now owe the IRS $5000 from early IRA distributions. I have been looking for a better paying job, but with no degree, no certifications and only a GED, I have been unsuccessful.

Aside from the whole appeal process which is really a different topic of its own (and a hell of a lot more research), what can I do at this point to get child support modified and based off of my actual income? Normally I understand I need a substantial change in circumstances unless 33 months has transpired since the last modification. I was told I had to hire a vocational expert to perform an analysis to determine my actual earning capacity and bring that before the Judge. However, I am certain that is also more money which I don't have... Help... anyone... please? Suggestions?

[Trevor]

Honestly at this point you've been in front of this judge a few times I am afraid you'd be seen as a nuisance and despite your evidence his mind may already be set that you're the problem. You can expend your energy fighting back or you can expend your energy in an effort to (l)earn.

You need to make a realistic assessment of where you are in the cost/benefit analysis of the situation; set against your quality of life not having to deal with legal battles, vis a vis spending more time with your kids, finding more lucrative employment, and/or taking night classes to earn a degree.

[hanzblinx]

The support was set at $460/month

dude you went from $1200 to $460. Holy crap .

How much further do you plan to go?

[Dad I/O]

Thanks for the replies.

I understand that $1200 vs. $460 a month is great progress, but I think you're missing the point that child support is generally based on a legal formula set by the state. Incorrect income figures are being used to overstate the support amount. Why would it be inappropriate for me to expect that the law be followed, and for me to expect that child support should be changed based on my current actual income.

I believe strongly in fairness, ethics, justice and the law. Aside from the child support, the 50% of variable expenses, 50% health insurance for the children, 50% tuition, etc. amounts to another $500 a month that I am to pay my Ex.

Therefore, based on my having a Net income of about $2010 per month, that leaves me with about $1050 a month to cover all of my living expenses (rent, utilities, groceries, car insurance, gasoline, etc.).

I've continued to apply for other jobs which takes a lot of time to do and it's very discouraging. Gaining an education at this stage in my life seems like it would take an eternity and I couldn't afford schooling anyhow....

[kangaroocourt]

The support was set at $460/month

dude you went from $1200 to $460. Holy < edited > .

How much further do you plan to go?

30k a year, 460$/mo...forget it where I live. I'd be out on the street.

Let's call this what is is: tyranny.

That judge belongs in prison.

[Fatheroffour]

I believe strongly in ........ the law.

The Law is simply words written on paper, interpreted differently day to day and place to place and enforced differently bepending on who and where you are. Anyone who believes the law is fair, equal and provides justice for all would have been a fine slave catcher.

Don't be naïve. If the law were a by the numbers game like you think it is we could all get our justice dispensed at an automated mall kiosk.

[FortheChildren]

From the sounds of it I think you have done what you can for now on the legal front.

I would suggest going back to school to secure the degree and credentials to improve your job prospects. WGU Western Governors University is a collegs I am getting ready to go to. It is mostly online and roles in certifications into its IT programs. Best part is it is affordable and a pell grant can cover most of it. Something to consider.

[hoosier_dad]

I was skeptical that a change in the CS calcs from an imputed income of 44k to the actual 34k salary amount would make a big difference in CS payments but it appears it would drop your monthly payments 50%. The wording in DCF150 on imputed income gives the judge wide latitude in setting an imputed amount since your past earnings are a factor. I don't know how many judges there are in your jurisdiction, but in mine you can request a move to another judge once without specifying a reason. You might check on the other judges and see if a switch is an option for the next round.

You could try to build your case around the legal determination of imputed income by attempting to show job availability in your area, average salaries, your attempts to find employment etc. But bottom line the judge is looking at your past earnings and is setting your imputed income higher than your actual as an incentive to earn more. I doubt your personal testimony and evidence will sway the judge at this point considering your past attempts.

But an objective report from a vocational expert showing that you are earning at your expected earning capacity appears to be your best option to drop your imputed income amount.

[Dad I/O]

Thanks again for the feedback... As I'm not in a position where I can afford to retain an attorney, this free non-legal advise and feedback is very valuable to me.

The appeal (which I mentioned could be a whole other forum post in of itself) is my next step. I have a lot to learn about the appeal process and know that again for self-representation, I am looked on by the court as being uninformed and naive about the law and the legal system.

However, the appeal is just dealing with the work-related day care issue and I don't believe is able to have anything doing with the mishandling of child support or imputed incomes.

I don't know that I can get another judge to handle the case. I can look into that. Actually, I would prefer that it move to an adjacent county because my Ex works for this county and knows and works with these people on a certain level. However, I believe I would need to prove there being some kind of collusion going on in order to have the case moved entirely and I'm not even sure what that process is nor have any attorneys really been able to answer that question for me. I had two attorneys hired for my divorce (moved from one to the other in the middle of the process because the first wasn't responding at all to my requests) and neither of them thought that moving the case to another county was necessary or probable.

I understand that if I had been able to have the case moved to the adjacent county, my chances of getting 50/50 placement and more equality in the distribution of personal property, etc. would have been greater. It seemed like both attorneys were busy taking on as many cases as they could handle and didn't want to take the additional time required for anything other than drawing up the final divorce stipulation. It was unbelievable actually... so this is one of the other reasons I decided to just go Pro Se now... not that I am left with much of a choice.